Page:1864-65 Territory of Dakota Session Laws.pdf/93

Rh in such duel, is guilty of murder, and may be indicted, tried and convicted in any county of the territory.

Sec. 217. Every person convicted of murder shall suffer death for the same.

Sec. 248. Homicide is manslaughter in the first degree in the following cases:

1. When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor;

2. When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner or by means of a dangerous weapon ; unless it is committed under such circumstances as constitute excusable or justifiable homicide;

3. When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.

Sec. 249. The willful killing of an unborn quick child by any injury committed upon the person of the mother of such child, and not prohibited in the next following section, is manslaughter in the first degree.

Sec. 250. Every person who administers to any woman pregnant with a quick child, or who prescribes for such woman, or advises or procures any such woman to take any medicine, drug or substance whatever, or who uses or employs any instrument or other means with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, is guilty in case the death of the child or of the mother is thereby produced, of manslaughter in the first degree.

Sec. 251. Every person guilty of manslaughter in the first degree is punishable by imprisonment in the territorial prison for not less than four years.

Sec. 252. Every killing of one human being by the act, procurement or culpable negligence of another, which under the provisions of this chapter is not murder, nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree.

Sec. 253. If the owner of a mischievous animal, knowing, its propensities, willfully suffers it to go at large, or keeps it